Just War Or Just Peace?: Humanitarian Intervention and International LawOxford University Press, 2002 - 295 lappuses Annotation The question of the legality of humanitarian intervention is, at first blush, a simple one. The Charter of the United Nations clearly prohibits the use of force, with the only exceptions being self-defence and enforcement actions authorized by the Security Council. There are, however, long-standing arguments that a right of unilateral intervention pre-existed the Charter. This book, which won the ASIL Certificate of Merit in 2002, begins with an examination of the genealogy of that right,and arguments that it might have survived the passage of the Charter, either through a loophole in Article 2(4) or as part of customary international law. It has also been argued that certain `illegitimate' regimes lose the attributes of sovereignty and thereby the protection given by the prohibition of the use of force. None of these arguments is found to have merit, either in principle or in the practice of states. A common justification for a right of unilateral humanitarian intervention concerns the failure of the collective security mechanism created after the Second World War. Chapters 4 and 5, therefore, examine Security Council activism in the 1990s, notable for the plasticity of the circumstances in which the Council was prepared to assert its primary responsibility for international peace and security, and the contingency of its actions on the willingness of states to carry them out. This reduction of the Council's role from substantive to formal partly explains the recourse to unilateralism in that decade, most spectacularly in relation to the situation in Kosovo. Crucially, the book argues that such unilateral enforcement is not a substitute for but the opposite of collective action. Though often presented as the only alternative to inaction, incorporating a `right' of intervention would lead to more such interventions being undertaken in bad faith, it would be incoherent as a principle, and it would be inimical to the emergence of an international rule of law. |
Saturs
Introduction | 1 |
Nonintervention | 7 |
52 | 13 |
Humanitarian intervention in the early twentieth century | 35 |
Conclusion | 42 |
Humanitarian intervention and | 45 |
1971 | 71 |
Conclusion | 86 |
Unilateral intervention to promote democracy | 88 |
Threats to international peace | 112 |
The delegation of Security Council | 163 |
Just War or Just Peace? Humanitarian intervention | 219 |
Appendices | 237 |
Bibliography | 260 |
283 | |
Citi izdevumi - Skatīt visu
Just War or Just Peace?: Humanitarian Intervention and International Law Simon Chesterman Ierobežota priekšskatīšana - 2001 |
Just War Or Just Peace?: Humanitarian Intervention and International Law Simon Chesterman Ierobežota priekšskatīšana - 2001 |
Just War Or Just Peace?: Humanitarian Intervention and International Law Simon Chesterman Priekšskatījums nav pieejams - 2001 |
Bieži izmantoti vārdi un frāzes
2nd edn adopted agreements AJIL argued argument armed Article 2(4 asserted Bosnia and Herzegovina British YBIL Cambridge ceasefire Chapter VII cited Clarendon Press concern conflict Congo constitutes a threat Convention customary international law delegation democracy democratic doctrine East Timor ECOWAS enforcement actions force Foreign France Grotius Haiti Hersch Lauterpacht Human Rights humanitarian intervention Ian Brownlie Ibid ICJ Rep international peace invasion Iraq Iraqi justified Keesing's Kosovo Lillich London mandate ment Michael military NATO non-intervention norm operation Organization Oxford Pakistan Panama peace and security peacekeeping political practice preamble President principle protection refugees regime Reisman resolution 688 response right of humanitarian Rwanda sanctions SC Res Secretary-General Sect Security Council resolutions self-defence situation Somalia sovereign sovereignty Stowell territorial Tesón threat to international tion trans Treaty troops UN Charter unilateral United Nations University Press UNYB Vattel veto violation Yugoslavia Zaïre
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